Chair Pro-Tem
Johnson opened the hearing with the Pledge of Allegiance and noted that there
were no Planning Land Use items to discuss.

Chair
Pro-Tem Johnson and Commissioner Donnelly then presented the 2008 Outstanding
Professionalism Awards for building and construction. The following
individuals received this award: Wane Gilbert with Mountain Range Shadow Builders
(nominated by Dan Henderson); Paul Bennett with Alpine Engineering (nominated
by Susan Zeller Wheeler); Kevin Dorsey with Neenan Company (nominated by Stan
Griep & Katie James); and L.R. Barker with L.R. Barker Builder (nominated
by Eric Fried). The Board thanked the recipients for their dedication and
professionalism.

Chair Rennels
opened the hearing with the Pledge of Allegiance and asked for public comment
on the County Budget or Land Use Code. No one from the audience addressed the
Board regarding either of these topics.

1a. GRAYCOR
BLASTING SPECIAL EXCEPTION, FILE #08-Z1691: This is a request for Special Exception for the use of an existing building and
surrounding lands to store company equipment, operate a regional base, and the
store explosives used by the company. The site is located within an area
of rural development on 35-acre-parcels adjacent to County Road 15, which has
been redeveloped for access to the City of Fort Collins’ Soapstone Open Space,
to the north.

The
request for approval of a Special Exception was heard by the Larimer County
Planning Commission at their meeting on November 19, 2008. Based upon the
applicant’s project description, the site will act as both an explosives
storage site, already licensed by the state and federal agencies, base of
operations, and vehicle storage site for the regional business hub of Graycor
Blasting Company. A 5000-square-foot metal building currently exists on site
and, at the time of the staff site visit, 3 large trucks, several other
vehicles, and a mobile office were parked on-site.

The
Planning Commission recommended denial of the application based on staff’s
report and the testimony received at the hearing. After the hearing, the
applicant requested time to evaluate options and possibly pursue an alternate
course of action. At the end of the first week of January, the applicant
submitted a letter to staff and requested a hearing with the County
Commissioners be set for the Special Exception. In the letter, the applicant’s
attorney outlined alternate strategies and “interpretations” to achieve their
desired result. In another, subsequent letter the attorney makes claims
regarding the nature of the business and the use. Principally, the attorney
claims the use can be broken into its component parts and each component can
then be evaluated separately. Staff disagrees.

The attorney’s
letters attempt to minimize the impact of the uses by evaluating their
component parts, rather than examining the entirety of the use. It is important
to note that the original occupation related to the storage of the explosive
for “personal use,” has since expanded into a business use which employs
several individuals, many residing in the area. An examination of Graycor’s
corporate web page clearly indicates this is the business location, not just
the Selby’s home, as the applicant’s attorney has claimed.

It is important
to note that from staff’s perspective, the Special Exception cannot be broken
into parts. While it is feasible to eliminate parts of a use, is not
appropriate to suggest that the Special Exception is a compilation of Special
Exceptions.

The applicant
has recently removed vehicles from the property by assigning them to employees
who take them home as “work vehicles.” If the use consisted only of the trucks,
and they did not travel to the Selby’s residence daily, this might work.
However, the trucks or some portion of them will still have to travel to and
from the site to conduct business and to pick up trailers, which will still be
stored at the site.

In
reviewing the record, it is clear that a significant portion of the objections from
neighbors are objections to the storage of explosives at the site. In 2006,
when the explosives were first stored on the property, it was determined that
the use could be considered an adjunct or accessory to the single family
dwelling. This was predicated on several elements; the permitting by state and
federal agencies, the amount of explosives stored, the size of the structures
necessary, and the level of traffic to and from the site. As an ostensible home
occupation, the use could exist for the resident and no more than one employee.
Implicit in that determination is a level of traffic and a character of use. It
is not possible to separate the storage from the other elements of the use, and
therefore, it cannot be considered in isolation and, like a home occupation, it
must be considered a part of the overall use.

Chair
Rennels opened the hearing to the applicant and Timothy Goddard, attorney
representing the applicant, addressed the Board. Mr. Goddard stated that the
application has changed as employees have been directed to park their work
vehicles, including large vacuum trucks, at their residences. Therefore,
according to Mr. Goddard, those vehicles will not need to make daily trips to
the property, essentially eliminating the home business.

Jeff
Smith, Graycor Blasting Company, addressed the Board and stated that the bunker
in which the explosives are stored is secure and meets all federal and state
regulations.

Lars
Selby, son of applicant, addressed the Board and stated that the vehicle trips
per day to and from the property are exaggerated, he estimated only one truck
and trailer enter and exit the property per month. Mr. Selby also stated that
he and his father currently maintain Rodeo Hills Road and are willing to
maintain Rawhide Road, if required.

Mike
Selby, applicant, addressed the Board and stated that he would prefer to store
most of the vehicles and trailers inside the 5000-square-foot building located
on the property. However, the global positioning systems on the explosive
transporting trailers do not work inside the building, causing Graycor’s
headquarters to call and question their whereabouts. He also stated that staff
directed him not to store the vehicles in the building.

Chair
Rennels opened the hearing to public comment. Catherine Critz, adjacent land
owner, addressed the Board and spoke against approval of the Special Exception,
stating that Mr. Selby has 21 pieces of machinery on the property and, even
though Mr. Selby has consistently argued the opposite, he is operating a
business from the property. Ms. Critz stated that allowing employees to remove
vehicles from the property only results in additional traffic and large
vehicles scattered throughout the surrounding neighborhoods. Finally, Ms. Critz
voiced concern about the proximity of the school bus stop, located at the
corner of Rodeo Hills Lane and Cattle Drive, to the bunker in which Mr. Selby
stores explosives.

Clint
Borkowski and Gary Peterson also spoke in opposition to the Special Exception,
citing declining property values, worsening roads, and deteriorating quality of
life.

Lou
Kinzli, a local real estate broker, addressed the Board and stated that the
decline in property values described by Ms. Critz, was not due to Mr. Selby’s
business, instead, it is the result of the national economy.

Also
speaking in favor of the Special Exception were: Carrie Holbrook, Anna Ditus,
Leah Selvage, Brooke Smith, Tom McNeely, Sara Standing, Al Scott, James Martin,
Kristopher and Katherine Zwielfel, Barbara Selby, Jason Hodziewich, and William
Eberhart. These individuals cited the good nature of Mr. Selby and Graycor
Blasting Company. Many also stated that they were comfortable with the close
proximity of explosive storage to their homes and children.

Most of
those who spoke in favor of approval are employed by the company (or have
spouses who are employed by the company) and live in the surrounding
neighborhoods. A major concern of these individuals is that if the application
is denied, they would be forced to relocate and would not be able to sell their
homes.

Chair
Rennels closed Public Comment and Mr. Lafferty addressed the Board. Mr.
Lafferty reiterated a portion of the Larimer County Land Use Code, which
states, a home occupation cannot occupy more than 500-square-feet of the resident’s
home. Thus, Mr. Selby’s business does not qualify as a home business.

After
some discussion, Commissioners Johnson & Donnelly stated they were inclined
to approve the Special Exception request with conditions specific to: an indoor
storage requirement, road maintenance and improvements, limitations on the
amount of explosives stored on the property, and limitations on the number of
trips to and from the property per day.

Chair
Rennels stated that she was inclined to deny the Special Exception request as
Me. Selby is clearly in violation of the county’s Land Use Code. Chair Rennels
stated that approving this exception would drastically change the character of
the neighborhood.

Mr.
Lafferty requested the item be tabled to allow staff a chance to craft
conditions in accordance with the guidelines set forth by Commissioners Johnson
& Donnelly.

M O T
I O N

Commissioner
Johnson moved that the Board of County Commissioners table the Graycor Blasting
Special Exception, file #08-Z1691 until April 6, 2008, at 6:30 p.m.

Motion
carried 3-0.

1b. GRAYCOR
BLASTING CODE COMPLIANCE: This item has been tabled pending the result of Graycor
Blasting Special Exception, file #08-Z1691.

Ms. Connors reviewed the contents of the application, and
presented Exhibit A1 and A2 (photos of the posting of the premises), and
Exhibit B, the petition demonstrating the needs and desires of the surrounding
neighborhood. Ms. Connors asked the applicant, Gail Rowe, a series of
questions regarding the posting of the premises and the circulation of the
petition. Ms. Rowe stated that the notice had been posted for over a
month. She also noted that there was no opposition from the surrounding
neighbors to the granting of this liquor license.

Ms. Connors questioned whether Ms. Rowe was familiar with the
liquor laws of Colorado. Ms. Rowe stated that she was familiar with the
laws, as she previously owned a retail liquor store. Ms. Connors noted
for the record that there was no one in the audience to speak in opposition to
granting this liquor license.

Chair Rennels asked if Ms. Rowe if how she intends to train her
staff. Ms. Rowe stated that she would be in charge of the liquor store for the
most part, and that she would train staff in her office as needed. Chair
Rennels strongly suggested that Ms. Rowe consider utilizing Training for
Intervention (TIPS) program to train herself and her staff, and directed Ms.
Cookman to provide this information to Ms. Rowe.

Finally, Commissioner Johnson noted for the record that this
hearing had previously been scheduled for January 12, 2009, and had to be
rescheduled due to inclement weather.

M O T I O N

Commissioner Donnelly moved that the Board of County Commissioners
approve the application and grant a Retail Liquor Store License, for Gail
Liquor LLC, dba, Gail’s Liquor, located at 31503 Poudre Canyon, Bellvue, Colorado,
conditioned upon Ms. Rowe removing Lloyd Rowe from the Wells Fargo Bank account
associated with this business.